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IN RE WACHOVIA SECURITIES, LLC

No. 05-08-01029-CV.

312 S.W.3d 243 (2010)

In re WACHOVIA SECURITIES, LLC, Relator. Wachovia Securities, LLC, Appellant, v. Jeffrey H. Mims, Trustee for the Bankruptcy Estate of Dennis Serio, Appellee.

Court of Appeals of Texas, Dallas.

May 3, 2010.

Attorney(s) appearing for the Case

William Ross Forbes Jr., Jackson Walker, L.L.P., Dallas, TX, for Appellant.

Gary J. Cruciani, McKool Smith, PC, Jason Fulton, Eric David Madden, Diamond McCarthy LLP, Dallas, TX, for Appellee.

Before Justices FITZGERALD, MURPHY, and THOMAS.

OPINION

Opinion By Justice FITZGERALD.

In this consolidated proceeding, Wachovia Securities, LLC brings a petition for writ of mandamus and an interlocutory appeal complaining of the trial court's order denying its motion to compel arbitration and ordering it to dismiss certain claims in an arbitration already in progress. We conditionally grant the petition for writ of mandamus and dismiss the interlocutory appeal.

I. BACKGROUND

A. Facts...

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